THE 81-year-old man accused of trafficking in 63 grammes of marijuana has been on his defence after being found with a case to answer by the Lusaka Magistrates’ Court. Before
Lusaka chief resident magistrate Davies Chibwili yesterday was Tie Mwape of Kavuma village in Lusaka’s Waterfalls area. In his ruling, Mr. Chimbwili said after analysing the evidence adduced by the prosecution so far, a prima facie case has been established against Mwape, who is charged with trafficking in psychotropic substances.
It is alleged that on November 26, 2022 Mwape allegedly trafficked in 63 grammes of marijuana, a herbal product of cannabis sativa without lawful authority.
He denied the charge, leading to his trial which resulted in yesterday’s ruling. During trial, Rosa Chutu, a scenes of crimes officer at Chelstone Police Station testified that on November 26 last year, she was assigned to accompany deputy criminal investigations officer Patrick Changwe to recover stolen goods in Kavuma.
Ms. Chutu said they were with a suspect Chipusa Kamanga who was charged with theft. She said Kamanga led the police officers to Kavuma where he was accused of stealing pots and plates at his mother’s place. Upon arrival Kamanga led them to Mwape’s house and told them that he is the one who bought the stolen items.
In the process of searching for the stolen items the officers discovered 11 twisted balls on a couch in the siting room.
They then picked Mwape and took him to Chelstone Police before handing him over to the Drug Enforcement Commission.
Five witnesses testified in the case. In his ruling, Mr. Chimbwili said the evidence from state witnesses was unaltered.
He said a public analyst informed the court that the then suspected drugs found at the accused’s house were tested and the substance was found to be marijuana. Mr. Chibwili said ingredients of the charge against the accused had been proved. He was satisfied that the case has been made out sufficiently to put the accused on his defence.
Legal Aid lawyer Douglas Njolomba said the accused has opted to remain silent in his defence and will not call any witnesses.
The court set January 18 as date for judgement.
